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<br />< . <br /> <br />One has never had a right to waste water under the prior appropriation <br /> <br />system; the right is only to put water to 0 "heneficial use. <br /> <br />And definitions <br /> <br />of waste and beneficial use are relative.95 A recent trend in the West is to <br /> <br />redefine beneficial use in light of today's technology and conditions. Thus, <br /> <br />a leaky, unlined irrigation ditch that was the state of the art 75 years ago <br />96 <br />may be found wasteful today. Water lost by the ditch might be counted <br />97 <br />against one's right to use water. Judicial decisions and legislation can <br /> <br />penalize waste from antiquated irrigation and storage works, poor water use <br /> <br />~ractices, phreatophytes, and the like, and can reward salvage in a variety of <br /> <br />ways. <br /> <br />Millions of acre-feet of water might be saved in the basin states through <br />Yl:l <br />conservative agricultural water use practices. But there are impediments to <br /> <br />conservation, some of which are inherent in the law of the river. The guaran- <br /> <br />teed annual flow formula ~rovides a disincentive to conserve in the Upper <br /> <br />Basin states when the first call on surpluses belongs to the Lower Basin. <br /> <br />Consequently, Upper Basin states are moved to <br /> <br />search for new uses of water to <br />i <br />Andjwer Bain states <br /> <br />t~t costs;rS little to <br /> <br />have <br /> <br />prevent it from being "lost" to downstream users. <br /> <br />had lir'tle incentiv~to limit their uses of water <br /> <br />obtayt and trans~~t. <br />Shifts In Preferred Uses. <br /> <br />As demographics change and as the economies of <br /> <br />(sh3) <br /> <br />western states become more dependent on water for nonagricultural uses, laws <br />~d- <br />will be changed to express new preferences. Arizona's new water law is a <br />f\ <br />99 <br />prime example. It gives strong preference to municipal and industrial uses <br /> <br />and is a patent attempt to phase out low-valued, highly consumptive agricul- <br /> <br />tural uses. <br /> <br />(sn3) <br /> <br />Anti-Export Le~islation. Efforts to protect water originating in a state <br /> <br />from being transported out of state are likely to increase. Protective legis- <br /> <br />- 28 - <br />